Divorce Procedure

At what point during the process can a spouse remarry or start dating?

Since Kentucky is a no-fault state a spouse can technically start dating at any point in the process. However, please be advised that if you are spending funds that are deemed marital on a new girlfriend or boyfriend an argument could be made that you are dissipating marital assets and you could be required to repay those funds to the marital estate. You may not remarry until the court has entered your decree. If you marry prior to the entry of the decree, then your new marriage is void.

Do I have to go to court?

Approximately 95% of all cases settle before a trial. If your case falls into this 95% then you may not ever step foot in a courtroom as it relates to your divorce. However, if your case does not settle and there needs to be a trial, you will have to go to court.

When is my case going to be over?

Each case is different and will take different amounts of time to complete. Some Kentucky counties have specific filing requirements and disclosures that must be filed. In addition, if children are involved, your county may require you to attend a parent education class during the divorce. If these classes are not completed in a timely manner, this could delay the divorce process as well.

When can I file for divorce in Kentucky?

If you have resided in Kentucky for 180 days prior to the filing of the petition, then you would file the petition in the county in which you reside with the clerk of the court.